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HomeMy WebLinkAbout2004.07.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 19, 2004 Mayor Fran Miron called the meeting to order at 7:10 pm. PRESENT: Haas, Granger, Petryk, Puleo, Miron City Administrator Michael Ericson; CD Director Bryan Bear; Assistant City Attorney Baiers Heeren; City Engineer Jay Kennedy; and City Clerk Mary Ann Creager MINUTES FOR JOINT PC/COUNCIL WORKSHOP OF JUNE 28, 2004 (DOWNTOWN REDEVELOPMENT) Haas made motion, Puleo seconded, to approve the minutes for the joint City Council/Planning Commission workshop held on June 28, 2004 for the downtown redevelopment plan as amended. All aye. Motion Carried. MINUTES FOR CITY COUNCIL MEETING OF JULY 6, 2004 Haas made motion, Petryk seconded, to approve the minutes for the July 6, 2004 meeting as amended. All aye. Motion Carried. APPROVAL OF AGENDA Add I.3 — Discussion of Cattle Crossing on 132nd Street Add K.1— Mowing 165h Street Ditch Granger made motion, Haas seconded, to approve the agenda for July 19, 2004 as amended. All aye. Motion Carried. 2003 CITY AUDIT REPORT (JASON MILLER, SMITH SCHAFER) Jason Miller, from the City's auditors Smith Schafer, was in attendance with a Power Point presentation of a summary of the 2003 annual City audit report. Jason reviewed the management letter with Council, thanked Council and Finance Director, Ron Otkin, for the opportunity to serve the City. Miron made motion, Haas seconded, to accept the 2003 City audit report. All aye. Motion Carried. MN JAYCEES (HUGO CHAPTER) — ERIC SOERENS & STATE PRESIDENT, KRISTI COOK Mayor Fran Miron received a letter from the Minnesota Jaycee's regarding their interest in beginning a Hugo chapter. This letter was presented to City Administrator Mike Ericson, who recently met with local area and former Lake Elmo JC president, Eric Soerens, to discuss JC interest in the Hugo area. Their volunteer service group focuses on young adults between the ages of 21 and 39, who are involved in worthwhile community volunteer activities. Eric Soerens and the MN State President, Kristi Cook, were present to educate and inform, and ask for the support of the Hugo City Council for their interest in City Council meeting of July 19, 2004 Page 2 creating a Hugo chapter of the MN Jaycee's. Mayor Miron thanked them for their interest in the City and suggested that City staff include this information in the City's next Newsletter. Miron made motion, Petryk seconded, directing staff to include in the upcoming City Newsletter and provide them with a letter of City support. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Denial of Comp Plan Amendment Request for Seever Property (Miller) Approve Leave of Absence from HFD (Firefighter Kurt Grainger) Approve Lawful Gambling Permit for Dead Broke Saddle Club (Ricci's and Blacksmith) Approve Administrative Interpretation of Section 1195.030.1 of City's Zoning Code Approve Extension of Internship for Administrative Intern Tom Denaway Approve Formal Acceptance of Fable Hill Bridge Mayor Miron abstained from voting on the Consent Agenda item GA denying the Comp Plan amendment request for the Seever property. All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for July 19, 2004 as presented. APPROVE DENIAL OF COMP PLAN AMENDMENT REQUEST FOR SEEVER PROPERTY (MILLER) Oneka Lake Development Company, LLC proposed an amendment to the City's Comprehensive Plan to allow development on a 69 -acre tract of land known as the Seever property, which is located outside of the MUSA boundary. The property is located on the north and south side of Oneka Lake Boulevard and east of Greene Avenue. The applicant indicated their intent to construct 93 homes on the property, which is currently zoned Rural Residential and Agricultural. The Comprehensive Plan shows the property as being within Urban Reserve. The Planning Commission considered this item at a public hearing, and heard from three residents, who were opposed to the application. The Commission also received two letters that were in opposition. The Commission felt that the property should not be included within the MUSA, and recommended denial of the application. Adoption of the Consent Agenda adopted Resolution 2004-52 denying the comprehensive plan amendment. APPROVE LEAVE OF ABSENCE FROM HFD (KURT GRAINGER) Hugo firefighter Kurt Grainger submitted a letter requesting a six-month leave of absence from the City Council meeting of July 16, 2004 Page 3 department. Kurt's work and family obligations have placed limitations on his time commitment, thereby necessitating a request to take a six-month leave of absence. Kurt has been an excellent firefighter and dedicated member of the department for the past several years. Adoption of the Consent Agenda approved the six-month leave of absence for firefighter Kurt Grainger from the HFD. APPROVE LAWFUL GAMBLING PERMIT FOR DEAD BROKE SADDLE CLUB (RICCI'S AND BLACKSMITH) The Dead Broke Saddle Club made application for approval of a lawful gambling permit in order to sell pull tabs at both Ricci's and the Blacksmith Lounge, two local Hugo restaurants. City staff reviewed the application, along with the standard review by the State Gambling Board, and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for the Dead Broke Saddle Club to sell pull tabs at both Ricci's and the Blacksmith Lounge. APPROVE ADMINISTRATIVE INTERPRETATION OF SECTION 1195.030.1 OF CITY'S ZONING CODE The City has routinely received variance requests to allow accessory buildings in the RR district to be constructed of materials that are different from the primary building, i.e. pole buildings. The Board of Appeals and Adjustments, as well as the City Council, has approved virtually all variance requests of this nature. Adoption of the Consent Agenda approved the administrative interpretation to mean that the proposed building materials for an accessory building shall resemble the primary building materials, as close as reasonably possible. APPROVE EXTENSION OF INTERNSIP FOR ADMINISTRATIVE INTERN (DENAWAY) Tom Denaway was hired as the City's first administrative intern and began his work on January 5, 2004. Over the past several months, Tom has worked on a variety of duties and tasks, including the hiring of the CD Director and, most recently, the reorganization of the City's EDA. Tom has proven to be a valued member of the City Hall staff. He assists in a wide variety of duties, including an extensive amount of code enforcement duties and plans to assist the City Clerk with administering the 2004 election. Tom's graduate studies encourage him to obtain additional local government experience and the City of Hugo continues to have an increasing demand for the employee work. Adoption of the Consent Agenda extended the internship of Tom Denaway to December 31, 2004, upon receipt of a six- month internship status report from Tom. APPROVE FORMAL ACCEPTANCE OF FABLE HILL BRIDGE Developer Len Pratt requested that the City accept the newly constructed public bridge located in the Fable Hill development. This would involve the acceptance of only the bridge components and would not include any of the public roads or public utilities inside the development. Adoption of the Consent Agenda approved formal acceptance of Fable Hill Bridge. APPROVE CUP FOR CONSTRUCTION OF A WINDMILL GENERATOR (JOHNSON) Greg Johnson, 7310 132nd Street North, applied for a conditional use permit to allow for the construction City Council meeting of July 19, 2004 Page 4 of a 100 -foot high wind -powered generator. The generator consists of an 80 -foot high metal lattice tower, a 4 -foot alternator, and 3 blades, each measuring 15 feet long. The structure is located near the center of a 21.5 acre tract of land, and will be approximately 350 feet from adjacent property. The Planning Commission considered this application at a public hearing and heard from one neighboring property owner, who had concerns about the appearance of the structure. The Commission concluded that the structure complied with the requirements outlined in the Land Use Regulations, and unanimously recommended approval of the application with the understanding that the structure will be painted gray. Council member Becky Petryk questioned whether the blades could be painted somehow to prevent birds from flying into them. Council also discussed a monopole versus the lattice pole. Because the applicant was not present to answer Council questions: Granger made motion, Puleo seconded, to table this issue until the meeting of August 2, 2004. All aye. Motion Carried. APPROVE PRELIMINARY PLAT AND PUD FOR VICTOR GARDENS 5TH ADDITION POA -Scherer LLC requested approval of a preliminary plat and PUD amendment for 36 single family homes and 5 outlots in Victor Gardens 5th Addition. The Planning Commission reviewed this item at their July 8th meeting and voted unanimously to recommend approval of the request. Council member Frank Puleo questioned whether this amendment created lesser density than the previous approval if this plat affected the sewer capacity issue. Jason McCarty of Westwood Engineering stated hat the unit count would remain the same and sewer capacity would be a consideration at the time of final plat. Puleo made motion, Haas seconded, to adopt RESOLUTION 2004-53 APPROVING A PUD AMENDMENT FOR VICTOR GARDENS 5TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Puleo made motion, Granger seconded, to adopt RESOLUTION 2004-54 APPROVING THE PRELIMINARY PLAT FOR VICTOR GARDENS 5TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE EXTENSION OF PURCHASE AGREEMENT FOR RINK -TEC The City Council approved a purchase agreement with a company called Rink -Tec in July of 2003 for Lot 3, Block 1 of Bald Eagle Industrial Park. Rink -Tec had proposed the construction of a 5,900 square - foot building. The agreement included a contingency requiring the buyer to commence construction no later than May 30, 2004. Construction has not occurred on the site; therefore, the buyer has defaulted on the contract. The buyer has requested an extension to allow an additional year to begin construction. Staff drafted an Escrow Agreement, which would act as an amendment to the original purchase agreement. The Escrow Agreement requires an additional payment from the buyer in the amount of $4,563 to offset the loss in property tax increment that the City has not captured, since the building was City Council meeting of July 19, 2004 Page 5 not constructed, as required. In addition, the agreement requires the buyer to place a signed deed in escrow. If the building is not constructed by May 30, 2005, then the City would execute the deed to obtain ownership of the property. Jim Kellison, representing Rink -Tec owner, Kyle Gillespie, expressed Mr. Gillespie's desire to construct his business in the City. Puleo made motion, Haas seconded, to approve the Escrow Agreement between the City of Hugo and KCG Investment, LLC, and authorize the Mayor and City Clerk to sign Agreement on behalf of the City. All aye. Motion Carried. ECONOMIC DEVELOPMENT AUTHORITY (PUBLIC HEARING ON PROPOSED REORGANIZATION) At its June 21, 2004 meeting, Council directed staff to publish for a public hearing in order to take public comment regarding the proposed reorganization of the City's Economic Development Authority (EDA). The purpose of the public hearing is an opportunity for the public to provide any and all comment regarding the Council's intention to reorganize the City's EDA into a seven -member commission. Administrative intern Tom Denaway drafted the necessary enabling resolution and reviewed it with City's bond counsel, Mary Ippel, from Briggs and Morgan and City Attorney Dave Snyder. Mayor Fran Miron opened the public hearing at 8:15 pm. Hugo resident Jim Kellison expressed his support for the EDA and his desire to be considered for appointment to the EDA. There were no other written or oral comments. The public hearing was closed at 8:18 pm. Council will follow the City's Commission appointment policy when deciding who shall serve on the EDA. It was noted by City staff that other than the Council members who will be members of the Board, and City residents, there is no requirement that the balance of the membership be residents of the City. Haas made motion, Granger seconded, Council adopt RESOLUTION 2004-55 MODIFYING AN ENABLING RESOLUTION ESTABLISHING THE EDA FOR THE CITY OF HUGO. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. DISCUSSION OF CSAH 8 FEASIBILITY STUDY/FINAL UTILITY DESIGN City Engineer Jay Kennedy provided a Power Point presentation with Council for steps to be taken to complete a feasibility study and final utility design for the CSAH 8. The feasibility study will allow Council to consider the proposed improvements to CSAH 8, including the Washington County improvements and additional improvements outside of the County's scope (i.e. landscaping, street lighting). The presentation also included a summary of the project costs and recommendations for funding the improvements, as well as work related to completing a final utility design (sewer and water) for the CSAH 8 corridor for inclusion with Washington County's construction plans. Council members Granger and Puleo agreed to serve on a committee to discuss landscaping needs for the project, which proposed to be done by Landform at a cost of $8,400. Miron made motion, Granger seconded, to approve the Supplemental Agreement with WSB Engineers to provide professional engineering services for the feasibility study/final utility design for CR 8 City Council meeting of July 19, 2004 Page 6 improvements, in an amount not to exceed $36,000. A committee shall be formed to discuss the preliminary landscaping design for the improvements, and report their results at the next regular City Council meeting. All aye. Motion Carried. DISCUSSION OF DOWNTOWN TRAFFIC STUDY City Engineer Jay Kennedy provided a Power Point presentation for Council outlining the proposed downtown traffic study area, as well as goals. The study will allow the City to develop a framework for accommodating future redevelopment within the downtown area consistent with the outcomes of the Downtown Redevelopment Plan. Miron made motion, Granger seconded, to approve the Supplemental Agreement with WSB Engineers to provide professional engineering services for the downtown traffic study, in an amount not to exceed $12,800. All aye. Motion Carried. 132ND STREET CATTLE CROSSING Council member Frank Puleo questioned whether the cattle crossing needed to be repaired for the 132nd Street improvements. City Engineer Jay Kennedy stated that the cattle crossing is no longer needed, but that a culvert will be replaced for drainage purposes. UPGRADE TO COUNCIL CHAMBER AUDIOVISUAL EQUIPMENT City staff has been working with video technician Cindra Schmidt to provide for some necessary upgrades to the Council chamber's video equipment. Staff met with the vendor, who originally installed the equipment, and made some computer programmable changes, which have corrected some video production problems. The new video equipment upgrade would improve the overall production, as well as provide for much better replay of a number of Council and PC video tapes and be funded through the Cable Franchise Agreement. Council member Granger stated that he has received complaints from constituents about the quality of the City Council broadcast. Granger made motion, Haas seconded, to approve the Scope of Work presented by EPA Audio Visual, Inc., upgrade to the Council chamber's video equipment in an amount not to exceed $13,515. All aye. Motion Carried. 10' STREET DITCH MOWING Council member Frank Puleo stated that Water Resource Engineer Pete Willenbring recommended that the 165' Street ditch be mowed annually. This matter was discussed at the staff meeting held on July 20, 2004. PW Director Chris Petree stated that he will be renting the proper equipment to mow the ditch some time in August 2004. City Council meeting of July 19, 2004 Page 7 WASHINGTON COUNTY LEAGUE OF LOCAL GOVERNMENT MEETING (9/29/04) City staff requested that Council consider the attendance of the Hugo City Council at the annual Washington County League of Governments meeting to be held on Wednesday, September 29, 2004. Miron made motion, Haas seconded, that the City schedule a special meeting for Wednesday, September 29, 2004, 6:00 pm at the Prom Center, to allow the City Council to attend the annual Washington County League of Governments meeting. All aye. Motion Carried. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 9:25 pm. All aye. Motion Carried. Mary reager City C